[Date Prev][Date Next] [Thread Prev][Thread Next] [Date Index] [Thread Index]

Re: What makes software copyrightable anyway?



Raul Miller wrote:

On 5/11/05, Humberto Massa <humberto.massa@almg.gov.br> wrote:
Nope. Binaries are the same work as (the anthology of) their sources, in the eye of the Law 9609/98.

If I understand you correctly, this means that under Brazilian law, distribution of binaries would satisfy a legal requirement that source be distributed.
?!?!?!
No, because a legal requirement that source be distributed (as in GPL section 3) is exactly that: a requirement that the *source* is distributed. Not less. The fact that the source is *equivalent* to the (corresponding) binary WRT copyright law has nothing to do with the requirement.

We have a "brocardo" (legal axiom) in our doctrine: "He who can do more, can do less" (horrid translation to "quem pode mais, pode menos" ["Quién puede más, puede menos" in Spanish]). So, if the binary is the result of an automated, non-easily-reversible process over the source, and if you grant me the right to distribute the source (ie, I can do more), you are implicitly granting me the right to distribute the binary (ie, I can do less). Now, you can in the conditions to your grant, explicit that if I am distributing it in another form, then I must distribute it in the source form (or do at least one of the things section 3 enumerates, in the case of the GPL).

If this is really the case, the GPL is just a more complex version of the BSD license, under Brazilian law.
Nope. Again, what exactly are you trying to know?







Reply to: